2026 S C M R 805

 2026 S C M R 805

[Supreme Court of Pakistan]

Present: Athar Minallah, Malik Shahzad Ahmad Khan and

Salahuddin Panhwar, JJ

SHAFIQUE alias Tajeem ---Petitioner

Versus

The STATE ---Respondent

Jail Petition No. 346 of 2024, decided on 21st August, 2025.

(On appeal against the judgment dated 01.12.2022 of the Peshawar

High Court, Peshawar passed in Criminal Appeal No. 1141-P of 2019

and Murder Reference No. 19-P of 2019).

Penal Code (XLV of 1860)---

----Ss. 302(b), 324 & 449---Qatl-i-amd, attempt to commit qatl-i-amd, loss

to property and use of explosive substance---Re-appraisal of evidence--

-Nature of occurence gruesome and shocking---Death sentence on four

counts justified---Accused was convicted for qatl-i-amd and was

sentenced to death on four counts---Appeal preferred by the petitioner

was dismissed by the High Court---Validity---Occurrence had taken

place at the residential house of one of the deceased victims---

Occurrence had led to the unnatural deaths of four victims including a

child who was at that time 6/7 years old---Occurrence had taken place

at 07:30 pm on 05.11.2015---Petitioner was arrested on 10.11.2015 and

the crime weapon was also recovered from his possession when he

was arrested---Crime weapon had matched the crime empties collected

from the crime scene since the report of the Forensic Science

Laboratory was positive---Prosecution in order to prove its case had

produced two eye-witnesses to depose the ocular account---Said

witnesses were consistent in all material facts and their testimonies

had been found to be reliable, confidence inspiring and trustworthy---

Ocular account was supported by the medical evidence brought on the

record by Medical Officers---Prosecution had proved the guilt of the

petitioner beyond a reasonable doubt---Nature of the occurrence was

gruesome and shocking---In the facts and circumstances of the case,

the Trial Court was justified in handing down the sentence of death,

which was later confirmed by the High Court---Petitioner had not been

able to show any misreading or non-reading of the evidence let alone

any other legal infirmity---Sentence of death on four counts in the facts

and circumstances of the case was also justified---Petitioner had not

been able to persuade that a question of law had arisen for

consideration---Thus, no case was made out for grant of leave---

Consequently, leave was refused and the petition was accordingly

dismissed.

Rehan Iftikhar, Advocate Supreme Court for Petitioner. Arshad Hussain Yousafzai, Advocate Supreme Court for the

Complainant.

Altaf Khan, Additional A.G. KPK for the State.

Date of hearing: 21st August, 2025.

ORDER

ATHAR MINALLAH, J.---The petitioner has sought leave against the

judgment dated 01.12.2022 passed by the Peshawar High Court,

Peshawar. The petitioner was nominated in Crime Report No. 283

dated 05.11.2015 at Police Station Lund Khwar for the commission of

the alleged offences under Sections 302/324/449, P.P.C. The Trial Court

upon conclusion of the trial, vide its judgment dated 03.09.2019,

convicted and sentenced the petitioner as under:-

Under Section 302(b) P.P.C.

To death on four counts for the murders of Shitab, Mst. Gul Nazra,

Khalid and minor Saira and to pay Rs.50,000/- as compensation

to the legal heirs of each deceased on each count or in default

thereof to further undergo simple imprisonment for a period of

six months.

Under Section 324 P.P.C.

To four years RI for an attempt to commit murder of Aimal Khattak

(PW-8) and Tahir (PW-9).

Under Section 449 P.P.C.

To imprisonment for life and to pay fine of Rs.20,000/- or in default

thereof to further suffer St for six months.

Both the sentences were directed to run concurrently while the

sentences of imprisonment in default of payment of

fine/compensation were directed to run consecutively, with

benefit of Section 382-B, Cr.P.C.

The appeal preferred by the petitioner was dismissed by the High

Court and the murder reference was answered in the alfirmative.

2. We have heard learned counsel for the petitioner, the

complainant as well as learned Law Officer at great length and have

perused the record with their able assistance. 3. The occurrence had taken place at the residential house of one of

the deceased victim i.e. Shitab. The occurrence had led to the

unnatural deaths of four victims including a child who was at that

time 6/7 years old. The occurrence had taken place at 07:30 PM on

05.11.2015. The petitioner was arrested on 10.11.2015 and the crime

weapon was also recovered from his possession when he was arrested.

The crime weapon had matched the crime empties collected from the

crime scene since the report of the Forensic Science Laboratory was

positive. The prosecution in order to prove its case had produced

Aimal Khattak (PW-8) and Tahir (PW-9) to depose the ocular account.

They were consistent in all material facts and their testimonies have

been found by us to be reliable, confidence inspiring and trustworthy.

The ocular account was supported by the medical evidence brought on

the record by Dr. Nazneen (PW-7) and Dr. Gul Amin (PW-10). In our

opinion, the prosecution had proved the guilt of the petitioner beyond

a reasonable doubt. The nature of the occurrence was so gruesome

and shocking that in the facts and circumstances of the case, the Trial

Court was justified in handing down the sentence of death, which was

later confirmed by the High Court. Learned counsel for the petitioner

has not been able to show any misreading or non-reading of the

evidence let alone any other legal infirmity. As already noted above,

the sentence of death on four counts in the facts and circumstances of

the case was also justified. Learned counsel for the petitioner has not

been able to persuade us that a question of law has arisen for our

consideration.

4. In view of the above, no case is made out for grant of leave.

Consequently, leave is refused and the petition is accordingly

dismissed.

JK/S-42/SC Petition dismissed.